2008 LEGISLATIVE

UPDATE

Illinois Association of School Administrators

Sara Groom Boucek, Associate Director/Legal Counsel

Illinois State Board of EducationDarren R, Reisberg, General Counsel

BOARD GOVERNANCE

BOARD GOVERNANCE

• HB 4159 (P.A. 95-0741) eff. July 18, 2008 – Recycled Paper Products and Solid

Waste Management • Each school district must periodically

review its procurement procedures and specifications to seek out products and supplies that contain recycled materials, if economically and practically feasible.

BOARD GOVERNANCE

• HB 4229 (P.A. 95-0790) eff. August 8, 2008 – “Registered Mail” = Registered Mail or

Certified Mail, Return Receipt Requested• Amends School Code by providing that whenever

the term “registered mail” is used in the School Code, it shall be deemed to authorize the use of either registered mail or certified mail, return receipt requested.

• The law primarily affects school districts reorganization proceedings, because the use of certified mail had already been permitted in other contexts by previous legislation.

PERSONNEL

PERSONNEL

• HB 1141 (P.A. 95-0938) eff. August 29, 2008 – Salary Incentive Program for Hard-to-

Staff Schools• The law clarified the Salary Incentive Program

for Hard-to-Staff Schools, which provides categorical funding for monetary incentives and bonuses for teachers and school administrators who are employed by school districts in schools designated as Hard-to-Staff by ISBE.

– For example, Hard-to-Staff School is now defined as an elementary, middle, or high school that is operated by a school district that ranks in the top 5% of schools in Illinois in the average rate of teacher attrition over a 5-year period.

PERSONNEL

• HB 4536 (P.A. 95-0910) eff. August 26, 2008 – Retired Teachers Return To Teach in

Shortage Areas• Amends the Illinois Pension Code to

extend the timeframe of “eligible employment” for the purpose of allowing a teacher to return to teaching in subject shortage areas without impairing his or her retirement status or annuity. The law changes the ending date to June 30, 2013 from June 30, 2008.

PERSONNEL

• SB 2687(P.A. 95-0996) eff. June 1, 2008 – Illinois Teaching Excellence Program

(NBPTS)• The Illinois Teaching Excellence Program

provides categorical funding for monetary incentives and bonuses for teachers and school counselors who are employed by school districts and hold a Master Certificate.

• This amendment modifies the criteria for individuals to receive stipends under the Program.

PERSONNEL

• SB 2182 (P.A. 95-0756) eff. January 1, 2009 – School Bus Driver

Requirements •Requires a school bus driver

to open the service door and driver’s window before crossing railroad tracks.

PERSONNEL

• HB 4726 (P.A. 95-0947) eff. August 29, 2008 – Administrative Leave Pending Criminal

Matter• Provides that if any State officer or employee

(including an employee of a school district) is placed on administrative leave pending the outcome of a criminal investigation or prosecution, and that employee is removed from employment for a reason directly related to that criminal matter, the employee must pay the State (or school district) for all compensation and the value of all benefits received during the administrative leave.

PERSONNEL

• HB 4252 (P.A. 95-0908) eff. August 26, 2008 – Provision of Employment Reference to Other

School Districts• Amends the Abused and Neglected Child Reporting

Act to provide that if a Superintendent receives a request from another school district for information concerning the job performance or qualifications of a current or former employee because that employee is an applicant at the other school district, the Superintendent of the school district to which the request is being made must disclose the fact that an employee of the school district has made a report involving the conduct of the applicant to DCFS, unless the DCFS determined that the report was unfounded.

PERSONNEL

• HB 4252 (P.A. 95-0908) eff. August 26, 2008 – Provision of Employment Reference to Other

School Districts (cont.)• An employee of a school district who is or has been

the subject of a report during his or her employment with the school district must be informed by that school district that, if he or she applies for employment with another school district, the Superintendent of the former school district, upon the request of the school district to which the employee applies, will notify that requesting school district that the employee is or was the subject of such a report.

• The law provides immunity for the Superintendent who informs the other school district about the existence of the report to DCFS.

CURRICULUM/INSTRUCTION

CURRICULUM/INSTRUCTION

• SB 2387(P.A. 95-0863) eff. January 1, 2009 – Expands Consumer Education

Curriculum to Include Homeownership• Amends the School Code by adding

homeownership, including the basic process of obtaining a mortgage and the concepts of fixed and adjustable rate mortgages, subprime loans, and predatory lending, as part of the financial literacy component of consumer education.

CURRICULUM/INSTRUCTION

• SB 2512(P.A. 95-0869) eff. January 1, 2009 – Internet Safety for Grades 3 and

Above• Requires beginning with the 2009-

2010 school year, a school district must incorporate a component on internet safety into the school curriculum for students in grades 3 and above.

CURRICULUM/INSTRUCTION

• SB 2685(P.A. 95-0969) eff. January 1, 2009 – Instruction on Student Chronic Health

Conditions• Requires beginning with the 2009-2010 school

year, a school district must incorporate into a teacher’s institute instruction on prevalent student chronic health conditions.

• Governor amendatorily vetoed original bill to include a requirement for school boards no later than January 1, 2010 to implement a policy for the management of students with life threatening food allergies.

• The General Assembly overrode the Governor’s veto.

SCHOOL FINANCE

SCHOOL FINANCE

• HB 4522 (P.A. 95-0835) eff. July 1, 2008 – General State Aid Payments

• Advances the last two General State Aid Payments so that the 23rd and 24th payments are made in June prior to the end of the fiscal year.

• While in the past, the last two payments were generally made in June, the law did not require June payments; now the law mandates June payments.

SCHOOL FINANCE

• SB 2293(P.A. 95-0990) eff. October 3, 2008 – Competitive Bidding Requirements

• Increases the dollar amount over which competitive bidding is required, from $10,000 to $25,000.

• In the exception for contracts for a single project involving repair, maintenance, remodeling, renovation or construction, increases the dollar amount from $20,000 to $50,000.

SCHOOL FINANCE

• HB 1141 (P.A. 95-0835) eff. August 29, 2008

• SB 2042 (P.A. 95-0844) eff. August 15, 2008– Tuition for Students Placed in Residential

Facilities• Overturns a recent court decision and requires that

a general education student’s district of residence is financially responsible for the educational cost of a student if he or she is placed in an out-of-district residential facility by a court or state agency.

• Clarifies that a student’s district of residence is financially responsible for the educational costs of a special education student’s placement in a out-of-district residential facility by a court or state agency.

SCHOOL FINANCE

• SB 1874(P.A. 95-0729) eff. June 30, 2008 – Supplemental Appropriation

• Provides a supplemental appropriation of $21,000,000 from the General Revenue Fund to the ISBE to be used exclusively for school districts which received less special education funding in the 2007-2008 school year as a result of P.A. 93-1022 (effective August 24, 2004).

SCHOOL FINANCE

• HB 4646(P.A. 95-0805) eff. August 12, 2008 – Wind Generation Turbine Farms

• Allows school districts to enter into cooperative ownership agreements with other local governmental entities to operate wind generation turbine farms.

SCHOOL FINANCE

• HB 4309(P.A. 95-0811) eff. July 1, 2008 – Average Daily Attendance

• Provides that if a school district closes one or more recognized school buildings due to a condition beyond the control of the school district prior to providing any instruction, then the school district may claim a full day of attendance for a maximum of two (2) school days based on the average of the three (3) prior school days of attendance immediately preceding the closure of the school building.

STUDENTS

STUDENTS

• HB 5717 (P.A. 95-0737) eff. July 16, 2008 – Health Examinations

• Clarifies that any child who received a health examination before entering the fifth grade for the 2007-2008 school year is not required to receive an additional health examination before entering 6th grade in the 2008-2009 school year.